1. License

1.1   BERNINA International AG grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the Application solely for your personal, non- commercial purposes strictly in accordance with the terms of this Agreement.
1.2   This license will also govern any updates of the Application provided by BERNINA International AG, that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2. Restrictions

2.1  You agree not to, and you will not permit others to:

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• copy or use the Application for any purpose other than as permitted under the above section 'License'.
• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of BERNINA International AG or its affiliates, partners, suppliers or the licensors of the Application.

3. Product Key

3.1   After creating an account you can activate the Application by using the “Activation Key”, which you receive with the purchase of the application. The product is directly activated with the activation-key key supplied as part of the software
3.2   The accountinformations like Email, salutation, first name, last name, country, state can be changed by yourself.

4. Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of BERNINA International AG. 

5. Commercial Use Of Embroidery Designs

5.1   With the purchase of BERNINA® Embroidery Software, BERNINA International AG grants the user the commercial use of all included embroidery designs (i.e. for sales, advertising, etc.), provided that the embroidery design is embroidered on a fabric (or similar). This includes all integrated embroidery fonts, but excludes all TrueType fonts and trademarks in general, in particular those of BERNINA International AG.
5.2   The commercial use of embroidery designs from BERNINA® Embroidery Software as files in digital form (i.e. individual sale of included embroidery designs) is not permitted unless the design file as such has been significantly modified. Significant means an obvious modification compared to the original embroidery design. For users using CorelDRAW®, also refer to the End User License agreement found under 'About CorelDRAW'.

6. Your Suggestions

6.1   Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to BERNINA International AG with respect to the Application shall remain the sole and exclusive property of BERNINA International AG.
6.2   BERNINA International AG shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

7. Modifications to Application

BERNINA International AG reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

8. Updates to Application / No Maintenance

8.1   BERNINA International AG may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
8.2   Updates may modify or delete certain features and/or functionalities of the Application. You agree that BERNINA International AG has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
8.3   You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
8.4   BERNINA International AG is under no circumstances obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

9. Third-Party Services

9.1   The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
9.2   You acknowledge and agree that BERNINA International AG shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect thereof. BERNINA International AG does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
9.3   Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

10. Privacy Policy

10.1   We store and process the data that you provide for accountcreation (title, name, address, email address, machine ID). We use this data for support purposes, and for providing information about software-related firmware updates. If necessary for support purposes, we pass on your data to the market organisation responsible for you or to a dealer in your local area. The legal basis for this is Article 6 (1) sentence 1 lit. b and f GDPR.
10.2   In addition, if you have consented to the use of your data for direct marketing purposes, we will process the data for direct marketing purposes and combine it in a customer profile with other information collected by us for the same purpose. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.
10.3   Right of objection:
If we process your personal data to protect legitimate interests within the meaning of Art. 6 (1) sentence 1 lit. f GDPR, then in accordance with Art. 21 para. 1 GDPR, you have the right to object to this processing for reasons that arise from your particular situation. You can object to the processing of your data for direct marketing purposes at any time and without reason, in accordance with Art. 21 (2) GDPR. In order to exercise your right to object, it is sufficient to send us an informal notification, e.g. via email to [email protected].
Responsible in accordance with Art. 4 para. 7 of the EU General Data Protection Regulation (GDPR) is

BERNINA International AG Seestrasse 161
8266 Steckborn Switzerland
E-Mail: [email protected]
Tel: +41 (0)52 762 11 11 (see Legal notice)

10.4   Our data protection officer can be contacted via email at [email protected] or at the aforementioned postal address, addressed to "the Data Protection Officer".
10.5   Further information on the processing of your data by BERNINA International AG, including your rights, is available in the Privacy Policy at https://www.bernina.com/privacy.

11. Term and Termination

11.1   This Agreement shall remain in effect until terminated by you or BERNINA International AG.
11.2   BERNINA International AG may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
11.3   This Agreement will terminate immediately, without prior notice from BERNINA International AG, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
11.4   Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
11.5   Termination of this Agreement will not limit any of BERNINA International AG's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

12. Indemnification

You agree to indemnify and hold BERNINA International AG and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

13. No Warranties

13.1  THE APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BERNINA INTERNATIONAL AG, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BERNINA INTERNATIONAL AG PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
13.2  WITHOUT LIMITING THE FOREGOING, NEITHER BERNINA INTERNATIONAL AG NOR ANY BERNINA INTERNATIONAL AG'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APPLICATION, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION; OR (IV) THAT THE APPLICATION, ITS SERVERS, THE CONTENT, OR E- MAILS SENT FROM OR ON BEHALF OF BERNINA INTERNATIONAL AG ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
13.3  Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

14. LIMITATION OF LIABILITY

14.1   NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF BERNINA INTERNATIONAL AG AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
14.2   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERNINA INTERNATIONAL AG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE APPLICATION, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF BERNINA INTERNATIONAL AG OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14.3  Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

17. Amendments to this Agreement

17.1  BERNINA International AG reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
17.2  By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

18. Governing Law

The laws of Switzerland, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

19. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed an any US Government list of prohibited or restricted parties.

20. Contact Information

If you have any questions about this Agreement, please contact us.

21. Entire Agreement

21.1 The Agreement constitutes the entire agreement between you and BERNINA International AG regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and BERNINA International AG.
21.2  You may be subject to additional terms and conditions that apply when you use or purchase other BERNINA International AG's services, which BERNINA International AG will provide to you at the time of such use or purchase.